I 

112TH CONGRESS 

1ST SESSION H. R. 1586 

To amend title 49, United States Code, concerning approval of applications 

for the airport security screening opt-out program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2011 

Mr. KING of New York (for himself, Mr. ROGERS of Alabama, and Mr. 

MCCAUL) introduced the following bill; which was referred to the Committee on Homeland Security 

A BILL 

To amend title 49, United States Code, concerning approval 

of applications for the airport security screening optout program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Security Enhancement 

5 and Jobs Act of 2011’’. 


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1 SEC. 2. PERIOD FOR RESOLVING APPLICATIONS SUB2 MITTED TO THE TRANSPORTATION SECURITY 

3 ADMINISTRATION FOR THE AIRPORT SECU4 RITY SCREENING OPT-OUT PROGRAM. 

5 (a) IN GENERAL.—Section 44920(b) of title 49, 

6 United States Code, is amended to read as follows: 

7 ‘‘(b) APPROVAL OF APPLICATIONS.— 

8 ‘‘(1) IN GENERAL.—Not later than 120 days 

9 after the date of receipt of an application submitted 

10 by an airport operator under subsection (a), the Sec11 retary shall approve or deny the application. 

12 ‘‘(2) STANDARDS.—The Secretary shall approve 

13 an application submitted by an airport operator 

14 under subsection (a) unless the Secretary determines 

15 that the approval would compromise security, det16 rimentally affect the efficiency or effectiveness of the 

17 screening of passengers or property at the airport, 

18 or otherwise adversely affect the mission of the 

19 Transportation Security Administration. 

20 ‘‘(3) REPORTS ON DENIALS OF APPLICA21 TIONS.— 

22 ‘‘(A) IN GENERAL.—If the Secretary de23 nies an application submitted by an airport op24 erator under subsection (a), the Secretary shall 

25 provide to the airport operator a written report 

26 that sets forth— 


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1 ‘‘(i) the findings that served as the 

2 basis for the denial; 

3 ‘‘(ii) the results of any cost or security 

4 analysis conducted in considering the ap5 plication; and 

6 ‘‘(iii) recommendations on how the 

7 airport operator can address the reasons 

8 for the denial. 

9 ‘‘(B) SUBMISSION TO CONGRESS.—The 

10 Secretary shall submit to the Committee on 

11 Commerce, Science, and Transportation of the 

12 Senate and the Committee on Homeland Secu13 rity of the House of Representatives a copy of 

14 any report provided to an airport operator 

15 under subparagraph (A). 

16 ‘‘(4) APPROVED APPLICATIONS.— 

17 ‘‘(A) LIST OF QUALIFIED PRIVATE

18 SCREENING COMPANIES.—Not later than 60 

19 days after the date the Secretary approves an 

20 application submitted by an airport operator 

21 under subsection (a), the Secretary shall pro22 vide to the airport operator a list of qualified 

23 private screening companies (as described in 

24 subsection (c)), except that this subparagraph 

25 shall not apply in a case in which the airport 


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1 operator is competing to provide screening serv2 ices at the airport. 

3 ‘‘(B) CONSIDERATION OF AIRPORT OPER4 ATOR’S RECOMMENDATIONS.—In selecting a 

5 private screening company to provide screening 

6 services at an airport, the Secretary shall take 

7 into consideration any recommendation from 

8 the airport operator as to which company would 

9 best serve the security screening and passenger 

10 needs of the airport.’’. 

11 (b) DELEGATION OF AUTHORITY.—Section 44920 of 

12 such title is amended by adding at the end the following: 

13 ‘‘(h) DELEGATION OF AUTHORITY.—The Secretary 

14 may carry out this section acting through the Assistant 

15 Secretary of Homeland Security (Transportation Security 

16 Administration).’’. 

17 (c) RECONSIDERATION OF APPLICATIONS PENDING

18 AS OF JANUARY 1, 2011.— 

19 (1) IN GENERAL.—Not later than 30 days after 

20 the date of enactment of this Act, the Secretary of 

21 Homeland Security shall reconsider any application 

22 for the screening of passengers and property that— 

23 (A) was submitted by the operator of an 

24 airport pursuant to section 44920(a) of such 

25 title; 


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1 (B) was pending for final decision by the 

2 Secretary as of January 1, 2011; and 

3 (C) has not been approved by the Sec4 retary on or before such date of enactment. 

5 (2) NOTICE TO AIRPORT OPERATORS.—The 

6 Secretary shall provide written notice to the operator 

7 of an airport that submitted an application to be re8 considered under paragraph (1). The notice shall— 

9 (A) inform the operator that the Secretary 

10 will reconsider the application; 

11 (B) if the application was initially denied, 

12 advise the operator of the findings that served 

13 as the basis for the denial; and 

14 (C) request the operator to provide the 

15 Secretary with such additional information as 

16 the Secretary determines necessary to recon17 sider the application. 

18 (3) DEADLINE; STANDARDS.—The Secretary 

19 shall approve or deny an application to be reconsid20 ered under paragraph (1) on or before the last day 

21 of the 120-day period beginning on the date of en22 actment of this Act. The Secretary shall apply the 

23 standards set forth in section 44920(b) of such title 

24 (as amended by this section) in approving and deny25 ing such applications. 


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1 (4) DEEMED APPROVAL.—If the Secretary does 

2 not approve or deny an application to be reconsid3 ered under paragraph (1) on or before the last day 

4 of the 120-day period referred to in paragraph (3), 

5 the application shall be deemed approved. 

6 (5) REPORTS ON DENIALS OF APPLICATIONS.— 

7 (A) IN GENERAL.—If the Secretary denies 

8 an application of an airport operator following 

9 reconsideration under this subsection, the Sec10 retary shall provide to the airport operator a 

11 written report that sets forth— 

12 (i) the findings that served as the 

13 basis for the denial; 

14 (ii) the results of any cost or security 

15 analysis conducted in considering the ap16 plication; and 

17 (iii) recommendations on how the air18 port operator can address the reasons for 

19 the denial. 

20 (B) SUBMISSION TO CONGRESS.—The Sec21 retary shall submit to the Committee on Com22 merce, Science, and Transportation of the Sen23 ate and the Committee on Homeland Security 

24 of the House of Representatives a copy of any 


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1 report provided to an airport operator under 

2 subparagraph (A). 

3 (d) REFERENCES TO UNDER SECRETARY.—Section 

4 44920 of such title is amended— 

5 (1) in subsection (a) by striking ‘‘Under Sec6 retary’’ the first place it appears and inserting ‘‘Sec7 retary of Homeland Security’’; 

8 (2) by striking ‘‘Under Secretary’’ each place it 

9 appears and inserting ‘‘Secretary’’; and 

10 (3) in subsection (g) by striking ‘‘of Homeland 

11 Security’’ each place it appears. 

Æ 


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